Revista d'Estudis Autonòmics i Federals (Mar 2011)
ELS DRETS ESTATUTARIS A LA SENTÈNCIA 31/2010, DE 28 DE JUNY, SOBRE LA REFORMA DE L'ESTATUT D'AUTONOMIA DE CATALUNYA
Abstract
The article analyzes the pronouncement of the STC 31/2010 about the foreseen rights to the Statute of 2006. Although he has refused that this the option is unconstitutional, its juridical foundation is incoherent and drives to a degradation of the Statute as a juridical rule. To justify this thesis, arguments favorable to the constitutionality are brought that statutes of autonomy can foresee a bill of rights: the singularity of the statute in front of the other laws; the diverse contents of the statutory booking and the linking of the statutory rights to the competences recognized by the Statute. Next the jurisprudential precedent of the STC 247/2010, related to the reform of the Statute of the Comunitat Valenciana, is analyzed. The third section approaches the elements of continuity and the changes of criterionthat the STC 31/2010 shows with respect to the former one, as long as it does not solve the dilemma in a clear way about the nature of the rights (mandatesor subjective rights). Finally, he justifies the weakness of the declaration of unconstitutionality about the character linked of the issued judgement by the Board of Statutory Guarantees about the legislative initiatives on the subject of rights.
